HomeMy WebLinkAboutOrd. No. 203 - Amend Chapter 11 Short Term RentalsOrdinance No. 203, Fourth Series
AN ORDINANCE AMENDING CHAPTER 11 OF THE RED WING CITY
CODE
THE CITY COUNCIL OF THE CITY OF RED WING DOES ORDAIN:
SECTION 1: Chapter 11, Division 10, Section 10-020 of the City Code is hereby amended by
deleting the del£ language and inserting the underlined language as shown below:
Interim Use: A temporary use of propertv until a particular date, until the occurrence of a
particular event, or until zoning regulations no longer permit it.
SECTION 2: Chapter 11, Division 10, Section 10-040 of the City Code is hereby amended by
deleting the ever-nk language and inserting the underlined language as shown below:
Boarding House. A building that is the primary residence of the owner and in which
rooms are provided by the owner for compensation to three or more adult persons not
related by blood, marriage, or adoption to the owner, for period of more than 30
consecutive nights.
Short -Term Rentals: An entire dwelling unit or room within a larger dwelling unit where
transient lodging is provided for compensation for stays of between one and 30 consecutive
nights, and where the dwelling unit would normally be considered a residential living unit
not associated with regulated commercial activities such as a hotel, motel, boarding house,
or bed and breakfast. A short-term rental can be owner -occupied or non -owner occupied.
SECTION 3: Chapter 11, Division 20, Section 20-010 of the City Code is hereby amended by
deleting the evef stme language and inserting the underlined language as shown below:
20-010 Agriculture Zoning (A) District.
C) Uses Requiring A Certificate of Compliance.
5) Short -Term Rentals — Owner Occupied
E) Interim Uses
1) Short -Term Rentals
SECTION 4: Chapter 11, Division 20, Section 20-020 of the City Code is hereby amended by
deleting the Aver stmek language and inserting the underlined language as shown below:
20-020 Agriculture Residential Zoning (AR) District.
C) Uses Requiring A Certificate of Compliance.
6) Short -Term Rentals — Owner Occupied
D) Conditional Uses.
E) Interim Uses
1) Short -Term Rentals
SECTION 5: Chapter 11, Division 25, Section 25-010 of the City Code is hereby amended by
deleting the ever-stme language and inserting the underlined language as shown below:
25-010 Single Family Residential Low Density (R-1) District.
C) Uses Requiring A Certificate of Compliance.
4) Short -Term Rentals — Owner Occupied
D) Conditional Uses.
E) Interim Uses (Interim Use Permit Required)
1) Short -Term Rentals
SECTION 6: Chapter 11, Division 25, Section 25-020 of the City Code is hereby amended by
deleting the ever- stmelanguage and inserting the underlined language as shown below:
25-020 Two Family Residential (R-2) District.
C) Uses Requiring A Certificate of Compliance.
4) Short -Term Rentals — Owner Occupied
D) Conditional Uses.
2) Boarding Houses
E) Interim Uses
1) Short -Term Rentals
SECTION 7: Chapter 11, Division 25, Section 25-030 of the City Code is hereby amended by
deleting the ever- s"clanguage and inserting the underlined language as shown below:
25-030 Multiple Family Residential (RM-1) District.
C) Uses Requiring A Certificate of Compliance.
12) Short -Term Rentals — Owner Occupied
D) Conditional Uses.
2) Boarding Houses
E) Interim Uses
1) Short -Term Rentals
SECTION S: Chapter 11, Division 25, Section 25-040 of the City Code is hereby amended by
deleting the ever stsiek language and inserting the underlined language as shown below:
25-040 Multiple Family Residential (RM-2) District.
C) Uses Requiring A Certificate of Compliance.
12 ) Short -Tenn Rentals — Owner Occupied
D) Conditional Uses.
2) Boarding Houses
E) Interim Uses
1) Short -Term Rentals
SECTION 9: Chapter 11, Division 30, Section 30-020 of the City Code is hereby amended by
deleting theaver—Amek language and inserting the underlined language as shown below:
30-020 General Business (B-2) District.
E) Interim Uses
1) Short -Term Rentals
SECTION 10: Chapter 11, Division 30, Section 30-030 of the City Code is hereby amended by
deleting the yes language and inserting the underlined language as shown below:
30-030 Mixed General Business & Central Business (B-2a) District.
E) interim Uses
1) Short -Term Rentals
SECTION 11: Chapter 11, Division 30, Section 30-040 of the City Code is hereby amended by
deleting the ever- stme language and inserting the underlined language as shown below:
30-040 Central Business (B-3) District.
E) Interim Uses
1) Short -Term Rentals
SECTION 12: Chapter 11, Division 40, Section 40-010 of the City Code is hereby amended by
deleting the 9;,eF s4aaslanguage and inserting the underlined language as shown below:
40-010 Civic District.
E) Interim Uses
1) Short -Term Rentals
D) Conditional Uses.
SECTION 13: Chapter 11, Division 40, Section 40-020 of the City Code is hereby amended by
deleting the AA'Igr- -.;$R-vk language and inserting the underlined language as shown below:
40-020 Mixed Use Industrial/Office Commercial (MC) District.
E) Interim Uses
1) Short -Term Rentals
D) Conditional Uses.
SECTION 14: Chapter 11, Division 40, Section 40-030 of the City Code is hereby amended by
deleting the e*er- stme language and inserting the underlined language as shown below:
40-030 Mixed Use Commercial Tourism (MCT) District.
E) Interim Uses (Interim Use Permit Required)
1) Short -Term Rentals
D) Conditional Uses.
SECTION 15: Chapter 11, Division 40, Section 40-040 of the City Code is hereby amended by
deleting the ell£ language and inserting the underlined language as shown below:
40-040 Riverfront District.
E) Interim Uses
1) Short -Term Rentals
D) Conditional Uses.
SECTION 16: Chapter 11, Division 55 (Special Provisions) of the City Code is hereby amended
by deleting the 9*ef str-uelanguage and inserting the underlined language as shown below:
Division 55: Special Provisions
55-119 Short Term Rentals (STR)
A) In all zoning districts, except those in which off-street parking is not otherwise required,
west parking for a short-term rental unit must be on an improved driveway or improved
parking surface that is located on -site. In addition, the rental dwelling or rental dwelling unit
must meet the parking requirements of the applicable zoning ordinance for that use.
B) Events are not allowed to be hosted by guests on the premises unless approved and
documented as part of a Short Term Rental Interim Use Permit. For purposes of this section,
an event means a gathering on the premises of more than three un-registered guests. Events
hosted by the primary resident are allowed but must comply with all applicable city
ordinances and policies.
C) A short-term rental unit must be properly maintained and comply with all applicable
building code, fire code animal regulations, public nuisance regulations and pass an initial
state inspection. Proof of licensing shall be submitted to the Red Wing Community
Development Department by the property owner prior to commencement of operation.
D) The building official, building inspector. fire department personnel, police officers and
their respective representatives, are authorized to make inspections reasonably necessary to
enforce this ordinance. All authorized inspectors have the authority to enter any rental
dwelling or rental dwelling unit at all reasonable times. Each owner of a rental dwelling or
rental dwelling unit shall give the authorized city official access to any part of such rental
dwelling or rental dwelling unit at reasonable times for the purpose of inspection,
maintenance, repairs or alterations as are necessary to comply with the provisions of this
ordinance. If any owner, owner's agent or occupant of a rental dwelling or rental dwelling
unit fails or refuses to permit entry to a rental dwelling or rental dwelling unit for an
inspection pursuant to this subdivision, the inspector may seek an administrative search
warrant authorizing such inspection.
E) The total number of persons that may occupy the short-term rental unit is one person plus
the number of bedrooms multiplied by two. If the short-term rental is a room, the occupancX
shall be two neonle ner bedroom.
F) One unlighted exterior sign shall be permitted. The sign shall not exceed two square feet
m area and be attached flat to the wall of the principal structure.
G) The primary overnight and daytime occupant of a short-term rental dwelling unit must be
an adult eighteen 08) years of age or older. This adult must provide a telephone number to
the owner and shall be accessible to the owner by telephone at all times.
H) The permit holder shall keep a report, detailing use of the short-term rental by recording
the full name, address, and phone number of the guest reserving the rental. A copy of th
report shall be provided to the Zoning Administrator upon request.
J) It is the owner's responsibility to apply for state and local sales tax numbers. including
hotel and motel use sales tax. It is the owner's responsibility to contact the Minnesota
Department of Health about lodging license requirements
K) The Planning Commission and the City Council reserx-e the right to review the interim use
permit annually and either continue or modify the conditions of the permit, for at least a
period of five years after approval.
L) The Planning Commission and the City Council reserve the right to terminate the interim
use permit any time the owner fails to adhere to the standards or conditions established by
this section or contained in the conditional use permit.
M) The interim use permit shall expire upon the sale of the property, when the use ceases, or
if the owner or operator changes. All interim use permits for short term rentals shall be valid
for a period of five years from the date of approval and may be renewed in accordance with
Section 90-045 (G).
1) An application to renew an Interim Use Permit for a short term rental use shall
follo«- the renewal process described in Section 90-045 (G) except that a renewal
request for a short term rental with no objections shall be automatically renewed for
another five-year period with no further action required by the City Council.
N) Outdoor activities by patrons of the short-term rental must cease by IOpm.
O) No more than two (2) non -owner -occupied short term rental units may be located closer
than four hundred (400) feet from another non -owner -occupied short term rental unit unless
located within the same multi -family building in accordance with Section 55-119 (Q).
P) The maximum number of non -owner -occupied short term rentals allowed within the City
of Red Wing is limited to fifty((50). No additional Interim Use Permits for non -owner -
occupied short terms rentals above this number will be issued.
Q) In multi -family structures up to 33% of the total number of units in a structure with 12 or
fewer units may be short-term rentals, 25% of the total number of units in a structure with
13-24 units may be short term rentals, and 10% of the total number of units in a structure
with more than 25 units may be short term rentals. Each STR unit must comply with all
conditions of this section of the ordinance.
SECTION 17: Chapter 11, Division 60 (Off -Street Parking and Loading Regulations) of the
City Code is hereby amended by deleting the over struck language and inserting the underlined
language as shown below:
Division 60: Off-Stret Parking and Loading Regulations
60-080 Schedule of Required Off -Street Parking Facilities
B) Residential Use Classifications
12) Short Term Rentals - One space per two west rooms, plus two spaces per permanent
residence
SECTION 18: This ordinance applies to all new applications concerning short-term rentals and
pending applications concerning short-term rentals that have not yet been approved as of the
ordinance's effective date.
SECTION 19. Effective Date: This Ordinance is effective 14 days following the publication of
the ordinance in accordance with the City Charter.
Introduced the 10t' day of October 2023
Adopted this � day of 2023.
Beise, Council President
ATTEST:
Teri L. Swanson, City Clerk
Presented to the Mayor at
Approved this _'Z day
12E P U B L 1 C A N
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Printer's AFFIDAVIT OF PUBLICATION
STATE OF MINNESOTA
Resolution No. 7917
City of Red Wing
Erica Althoff, being duly swom, on oath says that he/she is the publisher or authorized agent and employee of
the publisher of the newspaper known as the Republican Eagle, and has full knowledge of the facts which are
stated below:
(A) The newspaper has complied with all of the requirements constituting qualification as a qualified
newspaper, as provided by Minnesota Statute 331 A.02, or 331 A.07, and other applicable laws, as
amended.
(B) The printed Notice, which is attached, was cut from the columns of said newspaper, and was
printed and published once each week, for I successive issue(s); it was published on:
Saturday, October 21, 2023
Printed below is a copy of the lowercase alphabet from A to Z, both inclusive, which is hereby
acknowledged as being the size and kind of type used in the composition and publication of the
notice:
abcdefg hijklm nppgrs)"yz
Title: Customer Service Representative
Subscribed and swom to before me on this 23rd day
of October, 2023.
Notary Public:--Uve�4
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Printed Name: Ni/�
Notary Public
Minnesota
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RESOLUTION NO. 7917
A Resolution Authorizing
Summary Publication of
Ordinance No. 203, Fourth Series,
and Ordinance No. 204, Fourth
Series, Amending the Red Wing
Zoning Ordinance
WHEREAS, the Advisory Planning
Commission of the City of Red Wing
recommended that the City Council
approve amendments to Chapter 11
of the City Code (Red Wing Zoning
Ordinance) concerning Short Term
Rentals and Interim Use Permits af-
ter holding a public hearing on July
18, 2023; and
WHEREAS, the City Council of the
City of Red Wing adopted Ordinance
No. 203, Fourth Series and Ordi-
nance No. 204 Fourth Series amend-
ing the City of Red Wing Zoning
Ordinance concerning Short Term
Rentals and Interim Use Permits on
October 16, 2023; and
WHEREAS, Minnesota Statutes,
Section 412.191, Subd. 4 allows
publication by title and summary in
the case of lengthy ordinances; and
WHEREAS, the City Council finds
that the following summary would
clearly inform the public of the intent
and effect of the Ordinances.
NOW, THEREFORE, BE IT RE-
SOLVED, by the City Council of the
City of Red Wing that the City Clerk
shall cause the following summary
of Ordinance No. 203, Fourth Se-
ries and Ordinance No. 204, Fourth
Series to be published in the official
newspaper in lieu of the entire ordi-
nances:
Public Notice
During the October 16, 2023 special
City Council meeting, the City Coun-
cil of the City of Red Wing adopted
Ordinance No. 203, Fourth Series
and Ordinance No. 204, Fourth
Series. The ordinances amended
Chapter 11 of the City Code, the Zon-
ing Ordinance.
In summary, the new ordinances
make the following changes:
Division 10 — Definitions. Up-
dates the definitions and use classi-
fications to include a new use called
short term rentals and amends other
uses that previously fell under the
broader use category of semi -tran-
sient accommodations to better dis-
tinguish between these various types
of activities. With the new use terms,
semi -transient accommodations is
removed from the ordinance. Adds a
new definition for Interim Uses.
Division 20 — Agricultural Zoning
Districts. Adds short term rentals
to the A and AR districts as a Certifi-
cate of Compliance when owner -oc-
cupied and an Interim Use Permit
when non -owner occupied. Amends
other uses based on the changes to
semi -transient accommodations.
Division 25 — Residential Zoning
Districts. Adds short term rentals
to residential zoning districts as
a Certificate of Compliance when
owner -occupied and an Interim Use
Permit when non -owner occupied.
Amends other uses based on the
changes to semi -transient accommo-
dations. Removes a use for interim
community services for further re-
view and discussion by the Planning
Commission at a future date.
Division 30 — Business Zoning
Districts. Adds short terms rentals
to the B-2 and B-3 districts as an In-
terim Use Permit.
Division 40 — Special Districts.
Adds short term rentals to the MCT,
MC, Civic, and Riverfront districts as
an Interim Use Permit.
Division 55 — Special Provisions.
Adds a new section specific to Short
Term Rentals that includes all devel-
opment standards for these uses.
The Ordinance restricts non -own-
er -occupied short term rentals so that
no more than two units may be locat-
ed within 400 feet of another unit (un-
less they are in a multi -unit building)
and to cap the overall number of
short term rentals (non -owner -occu-
pied) at 50 within the City.
Division 55 — Special Provisions
(Temporary Uses). Revises the cur-
rent provisions for temporary uses to
avoid confusion with the new Interim
Use Permit use category. Cleans up
some of the conflicting language in
this section and eliminates a section
specific to community service uses.
Division 60 — Off Street Parking
and Loading Regulations. Re-
places the parking requirements for
semi -transient accommodations with
the same requirements for short term
rentals.
Division 90 — Permits Amend-
ments Appeals and Variances.
Adds a new section to the adminis-
trative provision section of the Ordi-
nance to create a new permit type
called Interim Use Permits (IUP). In-
terim Use Permits are a separate use
category defined under state statutes
that terminate upon a specific date or
event and do not run with the land.
The procedure for the review of Inter-
im Use Permits mirrors the process
used for Conditional Uses (i.e. appli-
cation requirement and public hear-
ing procedures). The draft ordinance
includes a renewal process that ex-
pedites the City review when there
are no neighborhood objections to
the renewal.
NOW, THEREFORE, BE IT FUR-
THER RESOLVED, that:
1) Only this summary of Ordinance
No. 203, Fourth Series, and Ordi-
nance 204, Fourth Series shall be
published along with notice that a
printed copy of the Ordinances are
available for inspection by any per-
son; and
2) A full and complete copy of the
entire text of the Ordinances are
available for inspection at the City
Clerk's office at City Hall, 315 West
4th Street in Red Wing. A full and
complete copy of the entire text of
the Ordinances shall be posted in the
community library between October
17, 2023, and November 3, 3023.
ADOPTED this 16th day of October
2023, by the City Council of the City
of Red Wing.
/s/Kim Beise, Council President
ATTEST:
/s/Teri L. Swanson, City Clerk
Presented to the Mayor at 9:34 a.m.
on this 17th day of October 2023.
Approved this 17th day of October
2023.
/s/Michael Wilson, Mayor
(Oct. 21, 2023) 219511